Common use of Copyrightable Works Clause in Contracts

Copyrightable Works. ‌ 20.4.1 When used in this agreement, the term "Copyright" (and derivatives of that term) shall be understood to mean that bundle of rights that protect original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. "Works of authorship" (including computer programs) include, but are not limited to the following: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. 20.4.2 Members retain ownership of their own copyrightable works unless the work is a work- for-hire or is subject to a separate written agreement that requires assignment to the University or to a third party. In the case of assignment to the University, the author will retain the right to use the material for their own noncommercial purposes. 20.4.3 Members shall cooperate with and sign all documents reasonably requested by the University to enable it to secure, register and enforce in the U.S. and any foreign countries, copyrights in all works owned by or assigned to the University. The University shall cooperate with and sign all documents reasonably requested by a Member to enable them to secure, register and enforce in the U.S. and any foreign countries, copyrights in all works owned by or assigned to that Member. 20.4.4 Traditional faculty products of scholarly activity that have customarily been considered to be the restricted property of the author will be owned by the author regardless of the medium in which the work is embodied. Such traditional products include, but are not limited to, journal articles, textbooks, monographs, works of art including paintings and sculptures, and musical compositions. The University does not claim any ownership rights to such works. 20.4.5 Proceeds earned from the commercialization of traditional faculty products will accrue entirely to the Member author(s) as personal income, unless copyright was previously assigned to the University or significant University resources were used in the production of the work. For traditional faculty products requiring significant use of University resources, author(s) will repay the University for identifiable resources from any personal income earned. Before making significant use of University resources in the creation of such works, Members shall consult with their Chair, who shall have the opportunity to consult with the Intellectual Property Officer prior to approval. 20.4.6 Significant use of University resources described in Section 20.4.5 pertains to the use of University facilities, staff or funds beyond those normally available to members of the University community. Use of assigned office space, normal clerical support, and routine use of library resources, desktop computers and office supplies are not significant use of University resources.